Steven H. Snyder and AssociatesFamily Law Attorney | Assisted Reproduction Lawyer | Maple Grove2024-03-29T05:39:52Zhttps://www.snyderlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1502775/2022/03/cropped-favicon-snyder512-32x32.jpgOn Behalf of Steven H. Snyder & Associateshttps://www.snyderlawfirm.com/?p=479222024-03-19T05:40:25Z2024-03-29T05:39:52ZA gestational carrier refers to a woman who agrees to have a fertilized egg from another woman implanted in her womb. She then carries and gives birth to the baby before handing it over to the parent(s) who contracted her.
It can be an emotional and challenging time for all involved, so it is crucial to create a legally binding contract. Here are some of the things to detail in your gestational carrier agreement:
Who pays for which things?
There will be considerable costs involved. You need to be clear about which the intended parent(s) will cover and which are the gestational carrier’s responsibility. Any payment must also be clearly stated, including when and how it will be made.
Who gets to decide about certain things?
Pregnancies do not always go to plan. What would happen if difficulties arise during the pregnancy and doctors decide that going through with the delivery could endanger the carrier? Or what would happen if she goes into labor much sooner than expected and is unable to wait to give birth at the pre-agreed location or unable to wait until the intended parent(s) can arrive?
Rights to the child
The gestational carrier could become attached to the baby growing inside her. The agreement must make clear that she relinquishes all parental rights, allowing the intended parent(s) to claim legal parental rights once the baby is born.You also need to define the rules regarding contact. Maybe the intended parent(s) are happy for the gestational carrier to visit the child occasionally, or perhaps she must cease all contact as soon as she delivers the baby, and the hospital considers it OK to do so. Whatever you choose, just ensure it is clear in your agreement.With so much at stake, you’ll want legal help to make sure your gestational carrier agreement is legally binding and covers all the necessary details. ]]>On Behalf of Steven H. Snyder & Associateshttps://www.snyderlawfirm.com/?p=479202024-03-11T08:34:39Z2024-03-21T08:34:27ZFor same-sex couples in Minnesota, starting a family through sperm donation can be a joyous and fulfilling journey. However, when all you want is a new baby for your family, it can be easy to get caught up in the excitement and overlook a few critical details.
Staying focused and on track toward your goals is vital for your success in sperm donor-assisted reproduction. Here are two ways to remain on a pathway that improves your chances of expanding your family with help from a sperm donor.
Know the possible risks or disadvantages
Most assisted reproduction experiences involving sperm donors proceed smoothly, with few problems or complications. At the same time, there are a few potential drawbacks to learn about.
Limited medical history: Genetic conditions may not be detected through standard screening
Emotional impact on child: Your child may have concerns or questions about the sperm donor in the future
Legal issues with donors: A regretful donor may try to make a legal claim to the child, especially if you know the party
Knowing about possible obstacles in advance can prepare you to overcome them. For example, using airtight legal agreements can prevent donor disputes.
Know where you stand legally
Minnesota law offers protections for those using sperm donation to assist in reproducing. For example, it clearly establishes that no parent-child relationship exists between a third-party sperm donor and a child of assisted reproduction.Still, legal complexities can arise, especially when using a known donor. A representative with experience and knowledge of assisted reproduction can protect your rights throughout your journey to welcome a new child to the family.]]>On Behalf of Steven H. Snyder & Associateshttps://www.snyderlawfirm.com/?p=479152024-02-23T05:10:29Z2024-03-07T05:09:55ZA recent ruling by the Alabama Supreme Court could set a precedent that changes everything about how in vitro fertilization (IVF) procedures are performed – or even if they can be performed at all. In reference to a wrongful death lawsuit filed by several couples whose fertilized embryos were destroyed in a lab accident, the Alabama Supreme Court ruled that frozen embryos are, legally, children. The ruling is already sending shockwaves through the assisted reproductive technology industry. At least one major player in the state, the University of Alabama at Birmingham health system, has already halted IVF treatments for the time being.
What the ruling means for assisted reproduction
Embryos are eggs that have been removed from a woman’s ovaries and then implanted with sperm from a man and allowed to grow for several days before freezing for later use. One or many such embryos may then be later implanted in a woman’s womb in hopes that the implantation will become a viable pregnancy. Excess embryos that go unused are sometimes stored, donated or destroyed.With the new ruling, it’s no longer clear if it’s even legal to create embryos that aren’t immediately intended to be used in the next IVF cycle, and there are definitely questions about whether existing embryos can be legally donated or destroyed. That stands to drastically raise the difficulty and cost of every IVF cycle. It would no longer be possible, for example, to harvest a large number of eggs from women at one time to create embryos for reserve use, thereby increasing the risks for the women themselves and raising the cost of IVF in general. While it is still too soon to know exactly how this ruling will affect IVF procedures both inside and outside of Alabama, this is another reminder that the laws surrounding assisted reproduction have become increasingly complicated to navigate alone.]]>On Behalf of Steven H. Snyder & Associateshttps://www.snyderlawfirm.com/?p=479112024-02-13T05:10:22Z2024-02-24T05:10:03ZFinding the right surrogate can be a time-consuming and stressful process for the intended parents. A lot is often considered, such as a surrogate's health history, lifestyle values and communication style. The process of finding the perfect surrogate may take multiple interviews before the intended parents feel comfortable with their decision.
However, intended parents may feel anxious when a surrogate alludes that they may keep the child after they are born. This is not ideal for intended parents who may see their plans start to fall apart. It’s often questioned whether a surrogate has the right to change their mind and keep a child if they begin to develop a bond. Here’s what intended parents should know:
The importance of a strongly drafted surrogacy agreement
Each state handles surrogacy matters differently. Minnesota doesn’t have regulations or laws for surrogacy. However, intended parents and surrogates can still benefit from creating a surrogacy agreement. A surrogacy agreement is a crucial document to prevent legal problems. This document can be made before a pregnancy occurs to clearly define the intent and expectations of the surrogacy process. This may include having a surrogate undergo physical and psychological examinations. The costs of the surrogacy, care of the child and medical bills may also be outlined in the surrogacy agreement. A strongly drafted surrogacy agreement could prevent a surrogate from keeping a child after they are born. This often requires help from counseling and legal representation to ensure that an agreement covers every possible issue. If a surrogate challenges the relationship of a child, this agreement may be crucial to resolve the issue. The chances of a surrogate backing out of an agreement may be low, but it’s not impossible. Even if the relationship between the intended parents and a surrogate is strong, it can still benefit the intended parents to discuss their legal options. ]]>On Behalf of Steven H. Snyder & Associateshttps://www.snyderlawfirm.com/?p=479052024-01-30T07:10:00Z2024-02-09T07:09:40Zkeep trying if IFV doesn’t work the first time.
The emotional rollercoaster of IVF
Embarking on an IVF journey is an emotional rollercoaster that many may not fully comprehend until they’re in the thick of it. An initial failure can be disheartening, but it’s crucial to recognize that success rates can vary, and setbacks are not uncommon. The emotional toll of infertility is a profound concern that needs to be acknowledged, but, for some, persistence can become a powerful coping mechanism.
Delving into the biological complexities of IVF is essential to grasp why an initial attempt may not always lead to success. Factors such as the quality of sperm and eggs, uterine conditions and genetic considerations play pivotal roles. Consulting with experienced fertility specialists can shed light on personalized strategies and adjustments to enhance the chances of success in subsequent attempts.
The importance of patience and perseverance
Understanding that success might not be instantaneous and that the journey might involve twists and turns is pivotal. Each IVF cycle offers an opportunity for learning and optimization, bringing individuals and couples potentially closer to the ultimate goal of parenthood.
If IVF doesn’t work the first time, it is likely that – medically speaking – you shouldn’t give up just yet; cultivating patience may be integral to the journey, depending on the nature of your unique circumstances and the personalized medical guidance you’re receiving.]]>On Behalf of Steven H. Snyder & Associateshttps://www.snyderlawfirm.com/?p=479022024-01-17T08:12:36Z2024-01-29T08:12:10ZYou may be considering finding a surrogate to help you start your family. It may be one of many options, but you’ve likely narrowed it down and decided this is the best choice. But, you’re still struggling with the idea.
It’s normal for intended parents to have a few fears about surrogacy. Here are a few concerns you may have and the reasons why you should let them go:
Fear 1: Not having a successful surrogacy
Struggling to have a child because of fertility issues can cause lasting emotional trauma. As a result, couples seeking surrogacy may fear that even a surrogate won’t get pregnant. However, many people seek surrogates because of a higher chance of a successful pregnancy.
Fear 2: Not bonding with the baby
Many intended parents fear that they won’t have a natural bond with their baby if they seek a surrogate. Part of this fear often happens because the intended parents do not have the same experience as the pregnant surrogate. However, the intended parents may be able to spend time with their surrogate and help build a bond with their child.
Fear 3: Not trusting the surrogate parent
Many intended parents want to have some relationship with the surrogate parent. The bond between the surrogate parent and the intended parent may help build a bond with the child. Surrogates generally want to help people become parents, so they’re usually open to interactions.
Fear 4: Not knowing if the surrogate will change their mind
One of the biggest fears for intended parents is that they’ll go through all of the work of finding a surrogate parent only for the surrogate parent to change their mind once the baby is born. This fear can seem real especially since many surrogates often do create emotional bonds with the child they’re carrying. However, intended parents who understand their legal rights shouldn’t let this fear stop them from seeking a surrogate. Intended parents can make legal agreements with their surrogates to help ensure a smooth process once their child is born.]]>On Behalf of Steven H. Snyder & Associateshttps://www.snyderlawfirm.com/?p=478952024-01-02T06:43:09Z2024-01-12T06:42:26ZA gestational carrier is someone who will carry a child for a third party. For example, perhaps a couple is having trouble conceiving, so they reach out to a surrogate to have a child for them. Another example could be if a same-sex couple is looking to have a child but they are unable to do so on their own, so they need a surrogate to fill this role.
But for those who are seeking a gestational carrier, what should they look for? Here are a few things to keep in mind, according to Yale Medicine.
Key qualities
First of all, the gestational carrier must be the right age. It is ideal for her to be under 35 years old, as exceeding this would make it a geriatric pregnancy. As a general guideline, though, she should be from 21 to 42 years old. Next, it’s important to look at her history if she has had children before. Does she have a history of pregnancy complications, or has she delivered children at term, through a normal pregnancy?Finally, it’s crucial to consider her overall health. This may include things like her weight, her medical history, her blood pressure, her history of illness and much more. Pregnancy tends to go far more smoothly when the carrier is in optimal health, so choosing a surrogate likely starts with a general health evaluation.
Finding the right person
Selecting the right gestational carrier is only one part of this process. As the couple moves forward, they need to make sure that they are well aware of their legal rights and the steps that they’ll have to take regarding parental rights, payment obligations and much more.]]>On Behalf of Steven H. Snyder & Associateshttps://www.snyderlawfirm.com/?p=478922023-12-15T06:37:45Z2023-12-27T06:37:02ZIn vitro fertilization (IVF) has revolutionized reproductive sciences. Modern techniques are very effective and can make it much more likely that those who struggle with fertility issues will be able to have a child. It can also be very helpful in situations like a same-sex marriage, where the partners are not biologically able to have a child on their own. IVF can make this possible, giving them the wonderful chance to start the family they’ve always wanted.
That all that being said, IVF doesn’t work in every single situation. Below are some things that you can do to increase the odds that it will work for you.
Focus on your own health
It’s very important to be healthy. Watch your blood sugar levels, for instance, and make sure they’re within a normal range. You also want to look at your weight, as one of the main reasons that IVF doesn’t work is obesity.
Try to reduce stress
It can be difficult to reduce stress, but it should be the goal. Remove outside stressors or things that make you anxious. Some people will even take time away from work. It’s also important to focus on getting enough sleep every night, which is helpful for overall health and body rejuvenation.
Consider your supplements
In some cases, people will take supplements or multivitamins that may be beneficial. For instance, it’s important to maintain proper levels of vitamin D. But if you are going through the IVF process, you don’t have to make these decisions on your own. Simply discuss with your medical care provider what supplements you may need and what would be best for you in this specific situation.
The legal process
IVF can open up some interesting legal questions considering reproductive rights, parental rights and the like. It is important for all involved to understand exactly what steps they need to take and what rights they have moving forward.]]>On Behalf of Steven H. Snyder & Associateshttps://www.snyderlawfirm.com/?p=478872023-12-20T19:01:22Z2023-12-20T19:01:22ZMinnesota law clearly addresses this issue
Some areas of assisted reproduction are so new that there is no significant legal guidance on the matter. Lawmakers have yet to address certain issues, and the courts may not have had any major rulings on specific types of assisted reproduction conflicts yet.
However, sperm donation has been medically possible for decades. Minnesota actually has an existing statute addressing what happens when a man provides mobile gametes for assisted reproduction. State law specifically says that while the man may have a biological relationship to the child produced, he has no legal claim to paternity. He would not be able to seek custody or visitation rights.
Additionally, the parents who use someone's donated sperm will not be able to demand child support or other forms of parental responsibility from the man who donated sperm to make their reproduction possible. The husband of a married woman using donor sperm will be the legal father, and the state will include his name on the child's birth certificate.
The only exceptions to this statute would be scenarios in which people negotiate contracts that grant a known sperm donor specific rights. There is, therefore, very little risk involved in acquiring donor genetic materials when beginning an attempt at assisted reproduction.]]>On Behalf of Steven H. Snyder & Associateshttps://www.snyderlawfirm.com/?p=478892023-12-04T06:23:30Z2023-12-14T06:22:38ZA surrogacy contract is a legally binding agreement between the intended parents and a surrogate mother. It outlines the terms, conditions, rights and responsibilities of all parties involved in the surrogacy arrangement.
Surrogacy contracts safeguard the interests of intended parents and are essential tools in navigating the complexities of surrogacy.
Clearly defined roles and responsibilities
A surrogacy contract meticulously outlines the roles and responsibilities of all parties involved. It defines the rights and obligations of the intended parents, the surrogate, and, if applicable, the egg or sperm donors. This clarity ensures everyone understands their role, minimizing potential misunderstandings or conflicts down the line.
Establishing parental rights
Since surrogacy involves third parties in the reproductive process, a primary concern for parents pursuing surrogacy is securing their parental rights. Surrogacy contracts play a crucial role in solidifying these rights from the onset. They specify the intended parents’ status as legal parents immediately upon the child’s birth and ensure a smooth transition of parental rights.
Financial protections and agreements
Financial aspects in surrogacy contracts are pivotal. These contracts detail financial arrangements, covering expenses related to the surrogate's healthcare, legal fees, compensation and other pertinent costs. As such, the intended parents are shielded from unexpected financial burdens while ensuring transparency in the financial aspect of the surrogacy process.
Agreements on medical and health-related decisions
Surrogacy contracts also outline medical and health-related decisions. They include specifics on prenatal care, medical procedures and other health-related aspects during the pregnancy. Intended parents are often involved in decisions regarding the surrogate's prenatal care, ensuring the well-being of both the surrogate and the unborn child.For parents embarking on a surrogacy journey, the importance of legal guidance when drafting a surrogacy contract cannot be overstated. It can help guide them through the process, ensuring adherence to legal requirements and the enforceability of the contract. Having qualified assistance also provides an additional layer of protection, safeguarding the interests of the intended parents and ensuring a smooth surrogacy journey.]]>